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Members of the Bethlehem police ERT team approach a home in the 600 block of Third Avenue during a standoff in 2009. A new ACLU report claims use of Special Weapons and Tactics Teams has made local law enforcement "unnecessarily and dangerously militarized."
(Express-Times Photo | BILL ADAMS)

The American Civil Liberties Union has released a new report on SWAT raids across the country, claiming local law enforcement has "become unnecessarily and dangerously militarized."

While the group's investigation found instances where Special Weapons and Tactics Team activities were fatal or left innocent bystanders seriously injured, in Allentown the data showed that minority residents were more likely to be impacted by SWAT activity than other residents.

The report, called "War Comes Home: The Excessive Militarization of American Policing," also highlights incidents in the Queen City where the ACLU question of use of SWAT tactics or equipment. You can read the report here.

Allentown police Capt. Glenn Dorney said the department had not read the report as of Tuesday afternoon and thus would not comment about it. Police Chief Joel Fitzgerald did not return a call asking about the report.

800 raids in 20 states

For the report, the ACLU looked at 800 SWAT raids in 20 states from 2011-12 as well as the law enforcement agencies' purchase and use of military weapons, vehicles and equipment.

It found that of the 800 raids, 79 percent were for search warrants and 62 percent were drug searches.

The report highlights botched raids that made national headlines, but are not included in the report's timeline.

They include Tarika Wilson, an unarmed black woman who was shot and killed Jan. 4, 2008, by a police officer during a SWAT drug raid in Ohio. Wilson was holding her 1-year-old son during the raid and the child was also shot and injured, according to media reports. More recently, the report cites a Georgia toddler critically injured when a flash bang grenade landed in his crib during a May 28 raid.

In Allentown, the ACLU report cites three incidents where SWAT was used. The group does not identify the people involved, give dates of the events or the outcomes of the raids, such as if they resulted in criminal charges.

In one instance, the ACLU claims the Allentown SWAT team executed a search warrant at a city home at 6 a.m. when children were likely to be present.

The report states the SWAT used a distraction device, broke down a door with a battering ram, and entered the residence to find three adults and three children sleeping inside. The team found no weapons but a "small amount of marijuana."

In a second example, the report criticizes the use of a BearCat -- Ballistic Engineered Armored Response Counter Attack Truck -- during an Allentown SWAT raid. The report says Allentown officers deployed at a city house at 6:45 a.m. with the BearCat and an emergency van, knowing that a toddler was likely to be there.

Officers broke down a door, entered the house and handcuffed a man, the ACLU report states, noting there was no indication the BearCat was used other than for transportation.

In comparison, the ACLU states in a separate incident, Allentown SWAT team was called to an armed robbery investigation, did not use the BearCat, and the suspects surrendered without incident.

The ACLU also claims that racial disparities in SWAT deployments were extreme in the reports they received.

According to the U.S. Census, in 2010 Allentown's population was 118,032. Of that, 58.5 percent of residents were white, 42.8 percent were Hispanic and 12.5 percent were black, according to the census website.

The ACLU says its data shows from 2011 to 2012 the SWAT impact rate for Allentown, per 100,000 people, showed Hispanic residents were 29 times more likely to be impacted by SWAT activity than white residents. In this bracket, Allentown had the highest probability that Hispanic residents would be impacted by SWAT activity of the 16 police and sheriff's departments studied by the ACLU report.

Black residents were 23.5 times more likely to be impacted by SWAT activity compared to white residents, the report says.

Bethlehem, Easton and the BearCat

While not mentioned in the report, other area police departments have grappled with using armored vehicles during incidents.

Capt. Scott Casterline said Easton completes what he called a "threat assessment" before they dispatch the BearCat during a raid, search warrant or other tactical need.

"We always want to see if the threat meets the level of need for the equipment," Casterline said. "Realistically, it's a piece of safety equipment."

Bethlehem police Chief Mark DiLuzio said the armored vehicle is called often as a cautionary addition to a response, but there have been times when it's saved lives. DiLuzio pointed to a March 26 standoff at a Bethlehem apartment complex on Winters Avenue. Frank J. Story, 90, opened fire on police who responded to his home after he threatened to harm himself, DiLuzio explained.

Story died of a self-inflicted gunshot wound, but DiLuzio said had the BearCat not been deployed the officers shot at could have been wounded and rounds could have penetrated other apartments or homes in the area.

"I've seen it in action," DiLuzio said. "And it think it's necessary in this age when there are so many firearms on the streets. This is basically like body armor. It's just thicker and mobile."

Casterline echoed that sentiment. The armored vehicle isn't there to harm or harass anyone. Casterline said he'd rather err on the side of caution and ensure everyone's safety instead of second-guessing the deployment of the armored vehicle when lives could be in danger.

"It doesn't do anything but add extra safety," he said. "And the paramount concern is which equipment is safest for the citizens and our officers."

DiLuzio said Bethlehem also uses a set of guidelines and variables to determine when to bring out the equipment.

"If there's a situation that's prone to violence, we're going to use it," DiLuzio said. "It's there to save the life of an officer or another human being."

Lehigh County Lead Producer Sarah Cassi and Reporter Sarah M. Wojcik contributed to this report.